Pakistan Constitutional Amendments:

Suffice to say this is another blow to democracy in Pakistan.

You all can rationalise this by saying PTI did not fight hard enough or traitors within PTI voted for this amendment but the crux of it is the establishment is willing to take this country down the rabbit hole and they will not be held accountable.

That’s the scary part. Every Pakistani should be concerned. This amendment has clipped the judiciary’s wings.
 
Under the new law, the Chief Justice of Pakistan will be selected from among three senior judges rather than automatically choosing the most senior.

A 12-member parliamentary committee will decide the chief justice's name, requiring a two-thirds majority.

The name will then be sent to the Prime Minister, who will forward it to the President for approval.

In cases where a senior judge declines, the next most senior judge's name will be considered. The term for the Chief Justice will last for three years or until reaching the retirement age of 65.

In addition, the amendment outlines that the appointment of Supreme Court judges will be managed by a commission led by the Chief Justice.

This commission will include four senior judges, the Federal Law Minister, the Attorney General, and two representatives each from the National Assembly and Senate, along with a representative from the Bar Council with at least 15 years of experience.

The amendment also stipulates that no court, tribunal, or authority can challenge the advice sent to the President by the Prime Minister or Cabinet.

Furthermore, the Judicial Commission will include four parliament members to oversee the selection of Supreme Court judges. The commission will establish the number of constitutional benches and judges within the Supreme Court and High Courts.

The special parliamentary committee, comprising representatives from all political parties, will ensure proportional representation, with eight members from the National Assembly and four from the Senate. Under Article 184(3), the Supreme Court will not issue any directive or declaration independently
 
Earlier today, after the Senate passed the 26th Constitutional Amendment Bill 2024 with a two-thirds majority on Sunday evening, the National Assembly also passed the heavily contested bill with a two-thirds majority. The government needed to secure 224 votes to go over the line and it managed to secure 225 votes as some opposition members staged a walk out.

The bill was presented in the National Assembly by Law Minister Azam Nazeer Tarar during a session that commenced late Sunday night and extended into the early hours of Monday morning.

The bill had been in development for some time, with discussions facilitated by a special parliamentary committee formed last month. The committee included representatives from all political parties, including the PTI, and reviewed various proposals to finalise the bill's content.
 
Rigged Election , <illegal>

Form 45 winners , changed to losers by Form 47 fabrication <illegal>

PTI Denied reserved seat , this is mandatory allocation <illegal>

Delays for listening to request for winners of election <illegal>

Laws being amended, while winner of election is contested <illegal>

Detention of Elder Political workers , Candidates in election <illegal>

Kidnapping of Senator's families and businesses demolished
with threats if vote is not done to favor amendment <illegal>

No Action taken on return of seats to PTI , Delays <illegal>


It seems the answer is very simple
A group with controversial chain of event can't pass amendments


Pakistan's real Prime Minister if Imran Khan as they won the election over 200+ seats


Truth is Truth , and that is the only path for Pakistani Citizen
 
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I agree that the establishment has gone way too far and too unfair to justify anything. If I was the Prime Minister, I would personally hang some of these key people in public for treason. I was merely giving my observation that if the chain of events is 20 points against PTI, they announce it as 50.. then PTI bots make it 500 on social media which is too far from reality.

For example when Umar Ata Bandial gave a judgement against Imran Khan government and restored the parliament, PTI fanboys for weeks were busy providing fake evidences on this forum proving that Umar Ata Bandial is a close relative of Nawaz sharif. The end result is, when he started giving judgements in favour of PTI, he retired as someone who gave too many favours to PTI.

The bottom line is when I was watching the discussion between Salman Akram Raja and CJ Qazi Faeez ISA about the election symbol case. It was very different to what we hear in the social media as they often take a different stance in the courts and the television.

CJ asked him, the election commission had file a reference against taking away the symbol of PTI because they were supposed to conduct intra-party election after 5 years. They were reminded in 2019.. but PTI ignored and then ECP did not contact them for about 2 years. Then they were reminded again and Imran Khan asked for a grace period of 12 months as he is the Prime Minister of Pakistan. The ECP allowed it and now the 18 months have passed and no elections are held.

The ECP further alleged that they conducted sham intra-party election by making announcement of posts for Gouhar Khan as the Chairman and Umar Ayoub/Shibla faraz on key posts without conducting any election and that the members of PTI contacted ECP by saying they went to cast a vote but they were told the elections had already been concluded, soon after the start time.

PTI took a stand that they are not the members of PTI and had no right to contest elections or cast a vote. The ECP asked for proof of elections being held and the PTI did not provide any evidence and so the ECP refused to accept these intra-party elections.

That is why Gouhar Khan came on the The TV and said that this time, we will invite the media and the professionals will conduct election so that everyone knows the elections are held. For second election, the result is still unconfirmed by PTI because leaders including Gohar were elected unopposed and there was nobody else standing in the elections.

The PTI took a stand that this is how we have elections in Pakistan and it is normal to have such practices.

I am not defending the judgement of Qazi or PTI, I just gave my observation of what I saw from the Supreme Court proceedings.

Qazi asked Salman Akram Raja that did you file an appeal on the Supreme Court judgement declaring ECP decision of taking away symbol to be correct and he replied No.

The CJ asked did you seek any clarification or legal advice about the matter… and he replied No

And the CJ asked then if the election symbol case was on one point agenda of taking the symbol away. Why did you assume it also means PTI is barred from contesting election as a party as I did not ban PTI. Salman Akram Raja defended by saying the circumstances were such that we assumed that the meaning of taking the symbol away is akin to party getting banned and that is how we were treated by the ECP.

This point was noted by 8 judges who gave a judgement against ECP.

Bye for now

Good argument, it establishes that proper procedures were not followed inside a party. Fair enough.

Please also advise if ECP has proofs of PML-N and PPPs intra party elections? And how the same people stay appointed as party heads?

If there are no proofs present for other parties as well, then there is no case, only leg pulling by intel agencies.
 
So called abductions are nothing more then PTI mna's sold out for money. Maybe first PTI need to choose better.
Every dick tom harry knows the difference between sold and abducted including you.
I am praying that you haven't been abducted, being sold is fine. Making some halal money is okay
 
Separatists who take up arms against the state may be seen as fair targets, as are the military installations of a force viewed as an occupier by the local population. Yet, when separatists target innocent civilians, and the armed forces resort to indiscriminate killings and abductions under the pretext of fighting separatism, both are guilty of engaging in terrorism.

The real question, however, is what drives people to the point where they feel compelled to take up arms against the state. Militant separatist movements don’t emerge in a vacuum; they are usually rooted in deep-seated resentment, born of a belief in being wronged and oppressed, and fueled by the systematic denial of any avenues to address those grievances within the existing framework.

Take the case of erstwhile East Pakistan, for example. The Bengali people did not turn against Pakistan overnight. For over 20 years, they were systematically denied their basic democratic rights, with every available avenue for redress closed off. This long-standing marginalization ultimately culminated in the state’s violent crackdown in 1971, to which the Bengalis, in turn, responded. A crucial, yet often overlooked, development was the 1954 provincial elections in East Pakistan. Originally due in 1951, the elections were delayed by the Establishment's stalling tactics—though this ultimately did little to save them. The election saw a sweeping victory for the socialists and nationalists of the United Front, which secured 228 out of 309 seats (including nine reserved for women). In stark contrast, the Muslim League, which had been in power in one form or another since 1937, won a mere 7 seats. This marked the rise of Bengali nationalism. However, just two months later, on May 30, the ministry was dismissed and direct governor’s rule was imposed.

And then, by 1957, most of the dissenters had coalesced into the left-wing, secular National Awami Party (NAP) and were confident in their prospects of winning a majority in the promised direct elections set for 1958. However, later that year, the first Martial Law was imposed in the country. Fast forward to 1970, when the first general elections were finally held, 23 years after the country's independence. Once again, the Bengalis secured a majority. Yet, the establishment denied them their rightful claim to power once again and instead launched a brutal crackdown. After exhausting all constitutional and lawful avenues, the Bengalis were left with no choice but to take up arms—and the rest, as they say, is history.

....

It seems the Pakistan Army has learned little from its past mistakes. Once again, by shutting down all legal and constitutional avenues for citizens to secure their basic rights—through rigging elections, manipulating the courts, and relying on brute force—they are driving people toward more extreme measures to claim what is rightfully theirs. And while the geopolitics of East Pakistan were different, and we may not witness a repeat of the 1971 scenario involving Indian involvement, the fundamental point remains: this growing dissatisfaction and alienation will inevitably manifest in its own unique ways, potentially threatening the very existence of what remains of Pakistan.
Terrorism begets terrorism. Violence begets violence. This is all I will say. I think it's stupid and foolish to go around executing whoever you wish while using the tactic of blending into local civillians thinking there won't be consequences.

I won't sit here and lie to you that I have any sympathy for such extremist people. I've seen them up close and I can't find any sympathy. These are rabid tribal extremists that don't value a life that doesn't belong to their ethnicity and proudly marginalise others. I was emotional about it until I learned this region doesn't deserve sympathy and aren't as innocent as they claim to be.
 
The amendment now legally confirms the fact that the country is a banana republic. Gov/army can do whatever they want.. corruption in broad daylight and no fear of prosecution.. any judge who opposes them can be replaced at will..
Elections rigged … no judge can take any cases against pml/ppp as the committee will just have them replaced..
For the foreseeable future , no check on corruption… expect finances to be gobbled up by debt repayment, army funding, big projects with massive corruption.. nothing left over for social welfare and education.. development…..
Poor will get more poor, rich more rich, zero justice (courts neutered by coalition of the corrupt - army-pmln-ppp)…
No hope whatsoever unless some monumental miracle happens and people on the street, the common man rises up.. unlikely as Pak public are not like BD, Turkey, Iran…
 

26th Amendment ‘seriously’ undermines judicial independence: UN rights chief

Dawn.com
October 23, 2024

The United Nations Human Rights chief Volker Turk has said he was “concerned” that the 26th constitutional amendment would “seriously undermine” the judiciary’s independence.

The newly enacted 26th Constitutional Amendment has brought numerous changes pertaining to the judiciary — including taking away the Supreme Court’s suo motu powers and empowering parliamentarians to nominate the next chief justice of Pakistan from among the three most senior SC judges.

Turk was concerned that the “latest constitutional amendments — adopted hastily, without broad consultation and debate — will seriously undermine independence of the judiciary”, the UN Human Rights office said on X on Tuesday.

“Constitutional reforms must be in line with international human rights law,” the statement added.


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On Monday, the International Commission of Jurists (ICJ) called the amendments a “blow” to the judiciary’s independence.

ICJ Secretary General Santiago Canton said: “They erode the judiciary’s capacity to independently and effectively function as a check against excesses by other branches of the State and protect human rights.”

Following the passage of the much contested bill, PTI vowed to launch a decisive movement against the amendment across the country “without any fear of consequences”.

Lawyers and the Human Rights Commission of Pakistan have expressed the fear that the Amendment would bring the judiciary under the government’s control, and demanded its withdrawal.

Some of the major changes made to the Constitution include taking away the high courts’ suo motu powers, formation of constitutional benches, and performance evaluations of high court judges.

The Amendment also empowers the SC to transfer any case to itself, and includes a federal minister and a senior counsel in the process of appointing the Islamabad High Court top judge.
 
The amendment now legally confirms the fact that the country is a banana republic. Gov/army can do whatever they want.. corruption in broad daylight and no fear of prosecution.. any judge who opposes them can be replaced at will..
Elections rigged … no judge can take any cases against pml/ppp as the committee will just have them replaced..
For the foreseeable future , no check on corruption… expect finances to be gobbled up by debt repayment, army funding, big projects with massive corruption.. nothing left over for social welfare and education.. development…..
Poor will get more poor, rich more rich, zero justice (courts neutered by coalition of the corrupt - army-pmln-ppp)…
No hope whatsoever unless some monumental miracle happens and people on the street, the common man rises up.. unlikely as Pak public are not like BD, Turkey, Iran…
The G selects the PM of his choice and the PM selects the CJ of his choice. The people don't matter!!!
 
Even in US the supreme Court judges are appointed by politicians , both the Republicans and Democrats have their favorites ..... I see no justification for Lonnie's gripe .....what a pleasure it is to watch PTI loonies crying .
 
Even in US the supreme Court judges are appointed by politicians , both the Republicans and Democrats have their favorites ..... I see no justification for Lonnie's gripe .....what a pleasure it is to watch PTI loonies crying .

Comparing Pakistan's judicial system to that of the United States is akin to comparing apples to oranges. Pakistan's legal and parliamentary systems, unlike the presidential system of the U.S., are based on the UK model. If we are to make meaningful comparisons, they should be drawn with countries such as the UK or India, which share more similarities with Pakistan in terms of governance and legal structure.

In the UK, an independent selection commission is responsible for appointing Supreme Court justices. This commission primarily consists of senior judges from other courts, alongside the most senior judges of the Supreme Court. The Chief Justice, or President of the Supreme Court, is selected through the same process.

In India, a comparable system known as the Collegium is in place, where the appointment process is managed by the five senior-most judges of the Supreme Court. When the position of Chief Justice becomes vacant, the most senior judge is appointed to this role.

In contrast, Pakistan has introduced a process where the government and executive wield all the control over the selection, promotion, and removal of judges, including CJ. This arrangement kills the independence of the judiciary. This scenario can jeopardize the rule of law and the impartiality essential for a functioning democracy, making it a recipe for disaster.

Though PTI may be on the losing end at present, those who herald this debacle as a triumph will soon find themselves facing the fallout. This is not merely a setback for one political party; it is a profound defeat for the people of Pakistan and their fundamental rights, a reality that will resonate far beyond the political arena.
 

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